[Amended 2-18-2021 by L.L. No. 1-2021]
It shall be unlawful, without obtaining a license from the Village Clerk-Treasurer, for any person, firm or corporation, either as owner, tenant or agent, to run, operate or maintain in the Village of Montebello, a hotel, motel, inn, boardinghouse, lodging house, association, club, or any building or part of a building used in the business of renting rooms or furnishing meals to transient occupants, as defined in Chapter
195, Zoning. A license shall not be issued until a Special Permit of the Planning Board is obtained for such an operation, pursuant to all applicable procedures and standards of Chapter
195. As set forth in Chapter
195, accommodations for nontransient occupants of dwelling units for periods of 30 days or more, as well as nontransient accommodations for a maximum of two boarders or roomers as allowed as of right in a single-family dwelling, shall not require a hotel, inn and boardinghouse license. Establishment of a short-term rental of a dwelling unit or rooming unit in violation of Chapter
195 shall be considered as operating a hotel without a license and as a separate violation of this chapter.
All applications for licenses or renewals thereof
shall be made in writing, in duplicate, containing the information
called for, on forms furnished by the Village Building Inspector,
and shall be sworn to by the applicant or his or its duly authorized
agent or representative.
No license shall be issued or renewed except
after the application has been investigated and the premises inspected
by the Building Inspector and except where the applicant keeps and
maintains, and agrees during the term of the license to keep and maintain
in the entrance hall, lobby or reception room, a bound register, with
pages numbered consecutively, in which shall be plainly written, in
the English language.
A. The name of each guest spending the night or taking
a room;
B. The permanent residence of said guest;
C. The hour of the day, month and year at which such
guest arrived and departed from the premises in question and the number
of the room assigned to such guest.
No license shall be issued or renewed for a
longer period than one year and all licenses shall expire on December
31 of each year. All applications, properly filled out, must be filed
at least 30 days before applicant intends to commence operations.
Fees for the issue of a license hereunder or
subsequent renewals thereof shall be as set forth in the Schedule
of Fees of the Village of Montebello.
No license shall be issued except where the
applicant has satisfied the Building Inspector, after inspection by
him, that toilet and sewerage facilities are adequate and proper for
taking care of the number of guests for which the applicant proposes
to take out a license, and that an adequate supply of potable and
wholesome drinking water is at all times available, and hot water
for bathing and dish washing; also that the building is structurally
safe and properly protected from fire, and that the rooms are adequate
as to size and ventilation.
Any and all licenses or renewals thereof issued
hereunder may be revoked by resolution of the Village Board upon proof
being made to its satisfaction that any of the terms and conditions
under which such license is issued have been violated, or that any
statements made in the application are false. In case of revocation
no license fee will be returned. Before the Village Board revokes
any such license, it will be required to give the licensee five days'
notice of a hearing, which notice may be served by mail on the licensee
at the address designated in the application upon which the license
or renewal was issued. Where a license has once been revoked no further
license for the same premises shall be issued until the owner or owners
of said premises satisfy the Village Board that the cause of revocation
of said license has been removed and that said premises in the future
can and will be operated in compliance therewith.
All licenses issued hereunder must be permanently
displayed under glass over the desk or table where the register is
kept.
The Village Board may also enforce obedience
to this chapter and restrain violations thereof by injunction and
may proceed against all violators hereof by any and every other means
or method provided by law, although not herein specifically referred
to.
This chapter supersedes, and is in derogation
of, Chapter 224 of the Code of the Town of Ramapo, County of Rockland,
State of New York. This chapter is enacted by authority of § 20,
Subdivision 5, of the Municipal Home Rule Law and any other law referenced
herein as authority herefor.